Section 163.315. Test reports

Urine or blood test reports prepared by the official chemist of the Commission shall be deemed prima facie correct and all steps undertaken in the collection, preservation, handling and testing thereof shall be presumed correct in the absence of affirmative proof to the contrary.

The provisions of this § 163.315 amended March 4, 1977, effective March 5, 1977, 7 Pa.B. 611.

Notation

Notes of Decisions

The purpose of the presumption in this section, which places an affirmative burden of proof on the alleged violator and deeming urine or blood test reports prepared by official chemists of the Commission to be prima facie correct is to simplify the Commission’s burden by eliminating the necessity for the attendance at the hearing of every person involved in the procurement and actual testing of the samples. Worthington v. Horse Racing Commission, 514 A.2d 311 (Pa. Cmwlth. 1986).

Blood and urine tests are accorded prima facie correctness to eliminate the necessity for the attendance at the hearing of every person involved in the procurement and testing of the sample. Wise v. Horse Racing Commission, 514 A.2d 308 (Pa. Cmwlth. 1986).

The petitioner did not meet his burden of proof in showing that straws, containing cocaine, were not sealed in a plastic bag after seizure and, therefore, supporting his argument that the chain of custody was broken as the steps taken in collecting, preserving and handling a specimen tested by the Commission’s official chemist are deemed proper unless affirmative proof to the contrary is shown. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).

Cross References

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).